§ 48-0107. Powers and duties.

Terms Used In N.Y. Environmental Conservation Law 48-0107

  • Advisory group: means the permanent environmental justice advisory group established by section 48-0105 of this article. See N.Y. Environmental Conservation Law 48-0103
  • Agency: means any state department, agency, board, bureau, commission, division, office, council, or any public authority or public benefit corporation. See N.Y. Environmental Conservation Law 48-0103
  • Environmental justice: means the fair treatment and meaningful involvement of all people regardless of race, color, religion, national origin or income with respect to the development, implementation and enforcement of laws, regulations and policies affecting the quality of the environment. See N.Y. Environmental Conservation Law 48-0103

The advisory group shall have the power and duty to:

1. adopt a model environmental justice policy applicable generally to state agencies that engage in activities or operations that may have a significant effect on the environment, including but not limited to through the adoption of rules and regulations, issuance of permits, acquisition or maintenance of property, or approval, funding or undertaking of projects. Such policy shall be adopted not later than one year after the effective date of this article. The advisory group shall develop the model policy in consultation with representatives of minority and low-income communities, regulated parties, the environmental justice interagency coordinating council and other state agencies and the public and shall hold a public hearing thereon in each judicial department. Notice of such hearings and notice of the adoption of the model policy shall be published in the state register;

2. make recommendations to the governor, legislature and state agencies on measures to improve such policies;

3. provide comments on any proposed rule, regulation or policy of a state or federal agency related to environmental justice;

4. conduct public hearings with respect to any matter within the scope of its functions, powers and duties; and

5. adopt, amend and repeal by-laws governing its organization and operation.

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